Section 1075.60  Emergencies

Two types of emergency conditions may exist that require special treatment:  

a)         Where emergency circumstances pose an immediate threat to human life, or severe loss of property is imminent from situations involving acts of God, disasters, casualties, or national defense or security emergencies, and action must be taken immediately, the agency can proceed without notifying the Department prior to taking action.  The consultation process shall be initiated as soon as practicable after the emergency is under control, but not to exceed 30 calendar days.  The agency shall submit a Detailed Action Report, which shall include information on the nature of the emergency actions, the justification for requiring immediate action, and any adverse impacts to a listed species or its essential habitat or a Natural Area that may have resulted.  The Department shall evaluate such information and issue a biological opinion, including the information and recommendations given during the emergency consultation.

b)         Where emergency circumstances pose a threat to human life or loss of property and the action must commence within 30 days, the agency may request permission to commence the action without undergoing the consultation process prior to the action.  The agency shall contact the Department prior to commencing the action and explain the nature of the problem.  The Department shall determine whether a listed species or Natural Area is present within the vicinity of the action and notify the agency in writing. One of two courses of action shall then be taken:  

1)         if no listed species or their essential habitats or Natural Areas are present, the action may commence and the consultation process is terminated; or

2)         if a listed species or its essential habitat or a Natural Area is present within the vicinity of the project, alternatives shall be discussed to avoid or minimize the adverse impacts prior to commencement of the action.

(Source:  Amended at 19 Ill. Reg. 594, effective January 9, 1995)